A federal judge on Friday temporarily blocked the controversial fetal burial rule that was supposed to go into effect in Texas today.
U.S. District Judge Sam Sparks, according to the Houston Chronicle, granted a temporary restraining order against the rules, which require that remains from abortions and miscarriages be buried or cremated, regardless of gestation or the birth mother’s wishes.
The order prevents the regulation from going into effect while the lawsuit continues to be litigated.
As the Houston Chronicle reports, the Center for Reproductive Rights sued the state to block the rule, on behalf of several abortion providers, arguing that requiring burial or cremation of fetal remains would decrease access to abortion by driving up the cost.
The Texas Department of State Health Services has said the rule was intended as a public health measure to help prevent diseases from spreading.
Remains from abortions and miscarriages are currently treated as medical waste and incinerated, buried or disposed of in a sanitary landfill, or they are ground up and washed down a sanitary sewer.
The Houston Chronicle reports that the judge is expected to rule on whether to let the rules to go into effect by Jan. 6.